x404.co.uk
http://www.x404.co.uk/forum/

Compensation Culture
http://www.x404.co.uk/forum/viewtopic.php?f=19&t=14313
Page 1 of 2

Author:  hifidelity2 [ Wed Jul 27, 2011 12:17 pm ]
Post subject:  Compensation Culture

http://www.bbc.co.uk/news/uk-england-14304489

Quote:
The National Trust was not to blame for the death of an 11-year-old schoolboy fatally crushed by a branch in woods in Norfolk, the High Court has decided.


While very sorry for the parents of the children I am glad that the courts found in favour of the National Trust

Unfortunatly accidents do happen and we should not be looking to "blame" someone everytime something happens

Author:  Amnesia10 [ Wed Jul 27, 2011 12:55 pm ]
Post subject:  Re: Compensation Culture

Yes accidents do happen. Though such measures have lead to councils removing trees in case people climb them or conkers fall on people. Schools imposing safety goggles for conker fights or banning them outright. I blame the parents for thinking that it must be compensated for.

Author:  Linux_User [ Wed Jul 27, 2011 1:14 pm ]
Post subject:  Re: Compensation Culture

I could envisage a scenario where they'd be liable - for example, if they knew the branch was unsafe and failed to take any remedial action then I would expect them to be liable for that.

Clearly that wasn't the case here and the courts seem to have come to the only eminently sensible conclusion.

Author:  jonbwfc [ Wed Jul 27, 2011 2:20 pm ]
Post subject:  Re: Compensation Culture

I'd like to see a standard procedure where these 'trying it on' compensation claims can be fast-tracked through the court, to avoid wasting everybody's time and money. Maybe we can call it the 'ODFO' procedure.

Jon

Author:  Amnesia10 [ Wed Jul 27, 2011 2:36 pm ]
Post subject:  Re: Compensation Culture

Linux_User wrote:
I could envisage a scenario where they'd be liable - for example, if they knew the branch was unsafe and failed to take any remedial action then I would expect them to be liable for that.

Even then branches can come off. So why should it be liable. They do creak and give signs of failure.

Author:  l3v1ck [ Wed Jul 27, 2011 8:03 pm ]
Post subject:  Re: Compensation Culture

hifidelity2 wrote:
While very sorry for the parents of the children I am glad that the courts found in favour of the National Trust

Unfortunatly accidents do happen and we should not be looking to "blame" someone everytime something happens
+1
We need to change the law regarding compensation. It's just getting silly.

Author:  belchingmatt [ Wed Jul 27, 2011 8:29 pm ]
Post subject:  Re: Compensation Culture

It should definitely be more a case of look where you are walking than the council should have made the pavement billiard table smooth.

Author:  cloaked_wolf [ Wed Jul 27, 2011 8:41 pm ]
Post subject:  Re: Compensation Culture

^^^Even if the land was perfectly flat and you did everything you could to stop people tripping over, you'd still have those trying to claim compensation. I think the law should be adjusted so there are no "no win no fee" lawyers/cases. Everybody involved has to shoulder some of the bill - even if it's £100 or so. Enough to dissuade those who are trying it on but not so much that genuine cases aren't heard.

Author:  veato [ Wed Jul 27, 2011 9:51 pm ]
Post subject:  Re: Compensation Culture

Amnesia10 wrote:
Schools imposing safety goggles for conker fights or banning them outright.


I read some HSE documentation that said the conker goggles thing was nonsense. I'm not saying non individual schools imposed it but it was nothing to do with the HSE.

Oooh I found this: http://www.hse.gov.uk/myth/september.htm

Author:  Linux_User [ Wed Jul 27, 2011 9:52 pm ]
Post subject:  Re: Compensation Culture

cloaked_wolf wrote:
^^^Even if the land was perfectly flat and you did everything you could to stop people tripping over, you'd still have those trying to claim compensation. I think the law should be adjusted so there are no "no win no fee" lawyers/cases. Everybody involved has to shoulder some of the bill - even if it's £100 or so. Enough to dissuade those who are trying it on but not so much that genuine cases aren't heard.

The whole reason Conditional Fee Arrangements were brought in was to reduce the legal aid budget, if you took them away you'd have to put it back up again.

Author:  brataccas [ Wed Jul 27, 2011 10:01 pm ]
Post subject:  Re: Compensation Culture

had to do this when I worked for forestry commission :evil: if even the tiniest little branch at the top or middle of a tree was snapped or leaning over the footpath we had to kill off the whole tree with chainsaws then chop it up into little bits, such a waste :evil: to prevent the very very near impossible chance that that tiny little branch would somehow fall at the EXACT time someone was walking past and at the most scratching them :evil:

Author:  Amnesia10 [ Wed Jul 27, 2011 10:17 pm ]
Post subject:  Re: Compensation Culture

brataccas wrote:
had to do this when I worked for forestry commission :evil: if even the tiniest little branch at the top or middle of a tree was snapped or leaning over the footpath we had to kill off the whole tree with chainsaws then chop it up into little bits, such a waste :evil: to prevent the very very near impossible chance that that tiny little branch would somehow fall at the EXACT time someone was walking past and at the most scratching them :evil:

I agree. If that branch did fall it would make a lot more noise falling through the other branches before it gets to the ground.

Author:  Zippy [ Thu Jul 28, 2011 8:08 am ]
Post subject:  Re: Compensation Culture

veato wrote:
Amnesia10 wrote:
Schools imposing safety goggles for conker fights or banning them outright.


I read some HSE documentation that said the conker goggles thing was nonsense. I'm not saying non individual schools imposed it but it was nothing to do with the HSE.

Oooh I found this: http://www.hse.gov.uk/myth/september.htm

Yep, The HSE actually sponsored the National Conkers Championships in 2010 just to show that the conkers business was nothing to do with them (although I should point out that Amnesia said "Schools imposing safety goggles.....") ;)

Author:  Amnesia10 [ Thu Jul 28, 2011 12:37 pm ]
Post subject:  Re: Compensation Culture

It must have been a Daily Mail headline that I remembered. :oops: I never experienced any problems playing conkers when I was younger.

Author:  belchingmatt [ Thu Jul 28, 2011 12:46 pm ]
Post subject:  Re: Compensation Culture

Amnesia10 wrote:
It must have been a Daily Mail headline that I remembered. :oops: I never experienced any problems playing conkers when I was younger.


I threw a great plank of wood into a tree to get some fresh conkers down, the plank had a large rusty nail at one end that tore open my thumb. So not playing conkers, but certainly related. :lol:

Page 1 of 2 All times are UTC
Powered by phpBB® Forum Software © phpBB Group
https://www.phpbb.com/